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We are in the midst of a disciplinary investigation which involves CCTV footage of the employee. The employee has been given numerous opportunities to review the footage but has requested a copy of the DVD. Do we need to give him a copy?

Emma-Jane Flannery

Arthur Cox

As long as the employee has the opportunity to review the information being relied upon by the Company in relation to any potential disciplinary issues so as to enable him to respond fully to the allegations against him, he is not in any way being prejudiced within the disciplinary process.

However, if he makes a subject access request under the Data Protection Act 1998, he will be entitled to a copy of the footage. He will also have to submit the usual £10 fee and the Company will then have 40 days to respond to the request.

Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.